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Kerala High Court
Midhunlal vs State Of Kerala on 17 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36983 of 2010(W)


1. MIDHUNLAL, AGED 18 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. EXCISE COMMISSIONER,

3. DEPUTY EXCISE COMMISSIONER,

4. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.UNNI. K.K. (EZHUMATTOOR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :17/12/2010

 O R D E R
                        P.N.RAVINDRAN, J.
                        ---------------------------
               W.P.(C) Nos. 36983 & 36988 OF 2010
                        --------------------------
             Dated this the 17thday of December, 2010

                          J U D G M E N T

The petitioner in W.P.(C) No.36983 of 2010 is the registered

owner of a motor bike bearing registration No.KL-04-Y-5485 and the

petitioner in W.P.(C) No.36988 of 2010 is the registered owner of a

motor bike bearing registration No.KL-04-Y-5873. The aforesaid

vehicles were seized by the fourth respondent on 12.8.2010 in

connection with Crime No.263 of 2010 of the Ramankary Police

Station, registered under sections 55(a), 8(1), 8(2) and 63 of the

Abkari Act. The fourth respondent thereafter produced the vehicles

before the Deputy Commissioner of Excise, Alappuzha. The

petitioners thereupon moved the said officer by filing Exts. P2 and

P3 representations respectively. The grievance voiced by the

petitioners is that though nearly three months have passed after

their vehicles were seized, till date orders have not been passed on

their applications for interim custody. In this writ petition, the

petitioners seek a direction to the respondents to release their

respective vehicles by way of interim custody after accepting

security.

WPC Nos. 36983 & 36988/2010 2

2. When the writ petition came up for hearing today,

Sri.V.Manu, the learned Government Pleader appearing for the

respondents submitted that applications submitted by the petitioners

for interim custody have been received and are pending. He also

submitted that the third respondent will consider the request made by

the petitioners for interim custody in the light of the provisions

contained in the Kerala Abkari (Disposal of Confiscated Articles)

Rules, 1996 and take a decision thereon expeditiously and in any

event within three weeks from today. He also submitted that the third

respondent will expedite the proceedings initiated by him to

confiscate the vehicles. In the light of the above submissions, I

dispose of these writ petitions with the following directions:-

(i) The third respondent shall within three weeks from today

consider the request made by the respective petitioners for interim

custody of their vehicles and take an appropriate decision thereon in

accordance with the provisions contained in the Kerala Abkari

(Disposal of Confiscated Articles) Rules, 1996.

(ii) The third respondent shall finalise the proceedings, if any,

initiated by him under section 67B of the Abkari Act after notice to

and affording the petitioners a reasonable opportunity of being heard

WPC Nos. 36983 & 36988/2010 3

expeditiously and in any event within three months from the date on

which the petitioners produce a certified copy of this judgment before

him.

P.N.RAVINDRAN,
(JUDGE)
vps

WPC Nos. 36983 & 36988/2010 4

WPC Nos. 36983 & 36988/2010 5


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